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Legal Liab - PP - Chapter 2

Legal Liab - PP - Chapter 2 - Types of Violations Willful...

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Chapter 2 OSHA Enforcement
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Monetary Fines and Penalties 10K to 70 K Max (1990) Categorization of penalties Penalty table
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Penalties De minimis notice Nonserious Serious Repeat Willful Failure to Abate Failure to Post
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Criminal Penalties OSH Act Advanced Notice False statements Death of an employee
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Rights & Responsibilities OSHA Inspection Opening Conference Walk-through inspection Closing Conference Issuance of citations
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Inspection Checklist Preparing for an OSHA inspection
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Types of Violations De Minimis Minor type violations Usually no fine Usually no abatement period No immediate impact on safety & health
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Types of Violations Other or Nonserious Probability of death or serious harm is minimal Subjective determination
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Types of Violations Serious “Substantial probability that death or serious physical harm could result….” Foreseeable Do not need to show “high probability”
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Unformatted text preview: Types of Violations Willful • Most severe monetary penalty – 70K • Willful not defined in OSHA regulations • Courts – “Voluntary with either intentional disregard or plain indifference” • Civil v. criminal Types of Violations Repeat and Failure to Abate • Most costly – Repeat violation • Per day penalty – Failure to abate • Repeat – Same violation again • Failure to Abate – violation not repaired. Types of Violations Failure to Post • Up to 7K • Rarely enforced Types of Violations Criminal • Up to 10K and imprisonment up to 6 months. • Criminal Referrals to the Justice Department. Types of Violations • Students should know these categorizations • Categorization of violations can be challenged • Will NOT know the categorization DURING the inspection....
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